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Online Banking Disclosure

Please read carefully the Internet Banking Access User Agreement for Bank of Kilmichael Online Banking below. The agreement includes disclaimers of liability and other matters of interest to users. By pressing the “Accept” button, you agree to the terms and conditions of the User Agreement, which includes consent to future amendments of the Agreement. By pressing “Decline,” you will be returned to the initial log on screen.

Accepting the Agreement
You understand that by using Bank of Kilmichael Online Banking you have agreed to the terms and conditions of this Agreement and that no signature by you is required on this Agreement. You agree to use Bank of Kilmichael Online Banking solely as provided in this Agreement and the applicable online instructions. When any transfer, payment or online service generates items to be charged to your Bank of Kilmichael Account, you agree that we may debit your Account without requiring your signature on the item and without prior notice to you.

We may, from time to time, introduce new Bank of Kilmichael Online Banking services. When this happens, we will update the Website to include them. By using any Bank of Kilmichael Online Banking service, you agree to be bound by the terms contained in this Agreement at that time.

Changes in Terms/Fees
We may change the Bank of Kilmichael Online Banking terms, including fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. You understand that by using Bank of Kilmichael Online Banking after a change becomes effective, you have agreed to it.

Maintaining Your Accounts
You agree to properly maintain your Bank of Kilmichael Accounts, to comply with the rules governing your Bank of Kilmichael Accounts, and to pay any fees associated with the use or maintenance of your Bank of Kilmichael Accounts. Any issue relating to a Bank of Kilmichael Account or service with Bank of Kilmichael or any Bank of Kilmichael affiliate, which you access through Bank of Kilmichael Online Banking shall be governed by the law(s) specified in the agreement for that Bank of Kilmichael Account or service.

  • Your Bank of Kilmichael Accounts and loans can be viewed and accessed in Bank of Kilmichael Online Banking. The Terms and Conditions of your Account Agreements and your loan agreements will govern, except where it is noted in this Agreement. This Agreement will control if there is a conflict with your other agreements and this Agreement for Bank of Kilmichael Online Banking. In addition, each Bank of Kilmichael Account and Bank of Kilmichael Online Banking service is subject to the following:
  • Terms or instructions appearing on a screen when using Bank of Kilmichael Online Banking;
  • Bank of Kilmichael’s rules, procedures and policies applicable to Bank of Kilmichael Accounts;
  • Rules and regulations of any funds transfer system used in connection with Bank of Kilmichael Online Banking; and
  • Applicable state and federal laws and regulations.

Access to Bank of Kilmichael Online Banking
You may access Bank of Kilmichael Online Banking and your Bank of Kilmichael Accounts through Bank of Kilmichael Online Banking to check balances, transfer funds, view transaction history, and other information. To access your Bank of Kilmichael Accounts you must have a USER CODE and a PASSWORD and the required hardware and software. You are solely responsible for having the required hardware and software and for securing an Internet service provider. Subject to the terms of the Agreement, you will generally be able to access your Accounts at the bankofkilmichael.com Internet site seven days a week, 24 hours a day. A transfer requested through Bank of Kilmichael Online Banking before the transfer cutoff time on a business day will generally be posted to your Bank of Kilmichael Account the same day. All transfers requested after the posted transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. Every day is a business day except Saturdays, Sundays, and banking holidays.

At certain times, Bank of Kilmichael Online Banking may not be available due to system maintenance or circumstances beyond our control. During these times, you may use our 24 Hour Telephone Banking service (1-877-800-7844), or the Bank of Kilmichael location in Kilmichael to obtain information about your Bank of Kilmichael Accounts.

Password and User Code
You will be given a PASSWORD and USER CODE that will give you access to Bank of Kilmichael Online Banking. During your first logon session, you are required to change your Password. Going forward, your password can be changed online at any time for Bank of Kilmichael Online Banking. Your online password is case sensitive and must be at least 8 to 17 characters with at least two alpha characters and two numeric characters. We recommend that you change your password regularly.

We are entitled to act on instructions received under your PASSWORD. For security purposes, we recommend that you memorize the PASSWORD and do not write it down. You are responsible for keeping your PASSWORD and USER CODE confidential.

Electronic Mail (E-mail)
You can communicate with us via e-mail. Please remember that we may not immediately receive an electronic message sent by you. If you need to contact us immediately, please call 662-262-7844. No action will be taken on any electronic message you send us until we actually receive your message and have a reasonable opportunity to act on it. You cannot use e-mail to make an account balance inquiry or funds transfer. You cannot use e-mail to cancel a transfer or a loan payment. Never send us your Bank of Kilmichael Online Banking USER CODE or your PASSWORD or other sensitive Bank of Kilmichael Account information via e-mail.

Account Statements
All of your daily transactions, payments, and funds transfers will appear on Bank of Kilmichael Online Banking and on your Account statement(s). You can access transactional information for your current and previous bank statement.

Available Banking
By accessing Bank of Kilmichael Online Banking, you may obtain balance information, review transaction history, and transfer funds between your Bank of Kilmichael Accounts.

Linked Accounts
All your Bank of Kilmichael Accounts within a Bank of Kilmichael portfolio will be linked by means of the Social Security Number of all individual owners or Authorized Representatives authorized to access those Bank of Kilmichael Accounts. Linked Bank of Kilmichael Accounts will appear together in Bank of Kilmichael Online Banking without regard to the ownership of those Bank of Kilmichael Accounts. Each owner and Authorized Representative will be able to access, view and conduct transactions in all of the linked Bank of Kilmichael Accounts.

Business Days
Our business days are Monday through Friday, except bank holidays. Bank of Kilmichael processes transfers on business days only; however, you can initiate a transfer through Bank of Kilmichael Online Banking 24 hours a day, seven days a week, except during maintenance periods; however; the transfer may not be completed on that day.

Bank of Kilmichael Online Banking Accounts Accessible by More than One Person
If your Bank of Kilmichael Online Banking Account is owned by more than one person or is accessible by one or more authorized representatives, each such owner or authorized representative may individually access those Bank of Kilmichael Accounts in Bank of Kilmichael Online Banking. The terms of this Agreement will apply to each person.

Electronic Funds Transfer

Bank of Kilmichael Online Banking enables you to transfer funds to or from your Bank of Kilmichael Accounts. The Electronic Funds Transfer Act provides you with certain rights and responsibilities with respect to these transfers, called “Electronic Funds Transfers” (EFT). Your Rights and Responsibilities are fully described in our Electronic Fund Transfers disclosures that have been separately provided to you.

Your Liability
Your liability for an unauthorized EFT or a series of related unauthorized EFTs from your Bank of Kilmichael Account will be determined as follows:

  1. If you notify us within two business days after learning of the loss or theft of your USER CODE or your PASSWORD, your liability will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur before notice to us.
  2. If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500 OR the sum of $50 OR the amount of unauthorized EFTs that occur within the two business days, whichever is less; and the amount of unauthorized EFTs that occur after the close of two business days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two-day period.
  3. You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections 1 or 2 above.
  4. If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs 1, 2, or 3 above to a reasonable period.
  5. You may notify us in person, by telephone, or in writing.

Telephone Number and Address
Call us IMMEDIATELY if you believe that your USER CODE or your PASSWORD has been lost or stolen, or if you believe someone has transferred or may transfer money from your Bank of Kilmichael Account without your permission, or if you suspect any fraudulent activity on your Bank of Kilmichael Account.

  • 662-262-7844
  • Or write to: Bank of Kilmichael, P. O. Box 187, Kilmichael, MS 39747
    Attn: Internet Banking Dept

OUR LIABILITY
Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosures that are separately provided to you from time to time regarding your Bank of Kilmichael Accounts and/or this Agreement. This section explains the complete extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these agreements, notices, or disclosures.

Neither Bank of Kilmichael, nor any of its directors, employees or agents makes any representations or warranties of any kind regarding the performance or quality of Bank of Kilmichael Online Banking or the results that my be obtained from using Bank of Kilmichael Online Banking. Bank of Kilmichael specifically disclaims any express or implied warranties, including without limitation, warranties of fitness for a particular purpose or warranties against infringement.

Neither Bank of Kilmichael, nor any of its directors, employees or agents for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the use or attempted use, of Bank of Kilmichael Online Banking service, or its content, including without limitation, losses related to: Your use, or inability to use, Bank of Kilmichael Online Banking service; Any errors, omissions or defects in any content; any interruptions or delay in transmissions to Bank of Kilmichael Online Banking service; or computer viruses received by you as a result of your use of Bank of Kilmichael Online Banking service. In any event, any liability of Bank of Kilmichael, its employees, agents, content providers and licensors shall not exceed those amounts specially provided for in this agreement.

Further, we will not be obligated to honor, in whole or in part, any transaction or instruction which:

  • Is not in accordance with any term or condition applicable to the relevant service in this Internet Banking Agreement or your Bank of Kilmichael Account Agreement;
  • We have reason to believe may not have been authorized by you or any third person whose authorization we believe is necessary, or which involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
  • Would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
  • Is not in accordance with any other requirement of our applicable policies, procedures or practices; or
  • We have reasonable cause not to honor for your protection, or ours.

Your Indemnification
Except to the extent of Bank of Kilmichael’s liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Bank of Kilmichael Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all loss, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Bank of Kilmichael Online Banking. This indemnification is provided without regard to whether our claim for indemnification is due to the use of Bank of Kilmichael Online Banking by you, or your authorized representative.

GENERAL PROVISIONS

Termination
Unless otherwise required by applicable law, Bank of Kilmichael may terminate this Agreement and/or your access to Bank of Kilmichael Online Banking, in whole or in part, at any time. We may terminate or reinstate your access to Bank of Kilmichael Online Banking, in whole or in part, at our discretion, at any time. If reinstated, the current terms of this Agreement will control. You may request reinstatement of Bank of Kilmichael Online Banking by calling Bank of Kilmichael at 1-662-262-7844.

Assignment
We may assign our rights and delegate our duties under this Agreement to a company affiliated with us or to any other party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Disclosure Of Information
The circumstances under which we will disclose information about you or your Bank of Kilmichael Accounts, has been separately disclosed to you in our disclosures which have been provided directly to you. Our Privacy Policy may change from time to time and is always available online and at our banking locations.

Authorization to Obtain Information
You agree that we may obtain and review your credit report from a credit bureau.

Venue
Any action at law, suit in equity or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of Mississippi.

Legal Process
If we are served with any notice of lien, attachment, levy, garnishment or other legal process relating to you or your Bank of Kilmichael Account, we are authorized without notice to you or any joint Account Holder, except where required by law, to withhold the withdrawal or payment of so much of the funds in your Bank of Kilmichael Account that may be the subject of such notice or legal process. We may disburse such amount out of your Account to a court or to such persons as applicable state or federal law either requires or permits because of such powers. We have no liability to you for such withholding or disbursements or for refusal by us to permit withdrawals or payment against your Bank of Kilmichael Account because of a court order or other legal process including the return by us of items presented against your Bank of Kilmichael Account as unpaid that otherwise would be paid. Any lien, attachment, levy, or garnishment against your Bank of Kilmichael Account is subject to our right of set-off as provided in the Agreement unless prohibited by law. You agree to pay our cost and expenses for complying with such legal process, including legal costs and attorneys fees, cost of research and copying and administrative fees.

Governing Law
This Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the state, which govern and are applicable to your Bank of Kilmichael Account.

FEES

Bank of Kilmichael Online Banking
There are currently no monthly or transaction fees for using Bank of Kilmichael Online Banking. Other fees may be assessed and billed separately by your online service provider.

Telephone and ISP Charges
You will be responsible for any telephone charges that you incur and any fees charged by your Internet service provider (ISP) when you use Bank of Kilmichael Online Banking.

 

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